Home | Databases | WorldLII | Search | Feedback New Zealand Bill of Rights Act Reports

Defence Amendment Bill (Consistent) [2011] NZBORARp 50 (11 October 2011)

Last Updated: 29 April 2019

11 October 2011

ATTORNEY-GENERAL

LEGAL ADVICE

CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990: DEFENCE AMENDMENT BILL

1. We have considered whether the Defence Amendment Bill (‘the Bill’) (PCO 14982/6.4) is consistent with the New Zealand Bill of Rights Act 1990 (‘the Bill of Rights Act’). We understand the Bill is likely to be introduced into the House of Representatives on or before 19 October 2011. We also understand that the Bill may be subject to further amendments before it is introduced into the House. We will provide you with advice on further amendments should this prove necessary.
   
2. The Bill amends the Defence Act 1990 to implement Government policy as set out in the Defence White Paper 2010. In particular, the Bill strengthens the authority and accountability of the Chief of Defence Force in the role of Chief Executive. It also makes changes in respect of other matters, particularly relating to rank and conditions of service for members of the Armed Forces.
   
3. We have concluded that the Bill appears to be consistent with the rights and freedoms affirmed in the Bill of Rights Act. This advice has been prepared by the Public Law Group and the Office of Legal Counsel.
   

Jeff Orr

Chief Legal Counsel Office of Legal Counsel

In addition to the general disclaimer for all documents on this website, please note the following: This advice was prepared to assist the Attorney-General to determine whether a report should be made to Parliament under s 7 of the New Zealand Bill of Rights Act 1990 in relation to the Defence Amendment Bill. It should not be used or acted upon for any other purpose. The advice does no more than assess whether the Bill complies with the minimum guarantees contained in the New Zealand Bill of Rights Act. The release of this advice should not be taken to indicate that the Attorney-General agrees with all aspects of it, nor does its release constitute a general waiver of legal professional privilege in respect of this or any other matter. Whilst care has been taken to ensure that this document is an accurate reproduction of the advice provided to the Attorney-General, neither the Ministry of Justice nor the Crown Law Office accepts any liability for any errors or omissions.